By: Richard Leder and Michelle Rich Dougan v Trustees of the Marist Brothers [2025] VCC 1663 At a glance On 17 November 2025, Her Honour Judge Bourke of the County Court of Victoria delivered her judgment in Dougan v Trustees of the Marist Brothers [2025] VCC 1663, confirming that defendants who make sensible offers of […]
By: Kirsty Easdale and Chelsea Leet At a glance From 6 May 2026, Commonwealth agencies can apply directly to Courts for workplace protection orders to protect workers from personal violence connected to their duties, removing the need for staff to seek state-based orders themselves. The scheme has broad application (including against members of the public […]
By: Paul Spezza, Cassandra Wills, Dominique Fordyce, Ashley Shuttleworth and Ellen Bobbermien BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education [2026] QCA 6 At a glance The Court of Appeal of Queensland has provided further clarification on when an employer will be vicariously liable […]
By: Stephen Morrissey, Christy Mellifont and Katie Kyung GEMA v OpenAI In our Technology Disputes in Focus series, WK’s Cyber Privacy & Technology team provides updates on the latest developments in technology disputes. Following a recent German decision involving OpenAI, this second edition explores potential liability for AI providers for copyright infringement and compares international and […]
By: Marcus Saw and Tobias Campbell Kapila v Monument Building Group Pty Ltd [2025] NSWSC 1306 At a glance In late 2024, in a split 4:3 decision in Pafburn Pty Ltd v The Owners—Strata Plan No 84764 (HCA Decision), the High Court dismissed an appeal from The Owners—Strata Plan No 84674 v Pafburn Pty Ltd […]
By: Wes Rose and Sarah Metcalfe Introduction Despite construction inflation settling in the years immediately following the COVID-19 pandemic, construction inflation is again increasing across Australia.1 In addition to construction inflation increases, we are also seeing an increase in the quantum of construction claims. Various factors are contributing to this, including labour shortages, the ongoing shortage […]
By: Stephen Morrissey, Christy Mellifont and Katie Kyung Australian Competition and Consumer Commission v Microsoft Corporation & Anor In this new series, WK’s Cyber Privacy & Technology team will provide updates on the latest developments in technology disputes. This first edition concerns the issuing of proceedings in Australian Competition and Consumer Commission v Microsoft Corporation & […]
By: Laura Gavan and Kirsty Easdale Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 1092 The Federal Court of Australia has delivered a significant decision in Fair Work Ombudsman v Woolworths Group Limited; […]
By: Scott Macoun, Natalie Orola, Isaac Buckland and Gigi Lynis Stewart v Metro North Hospital and Health Service [2025] HCA 34 At a glance The High Court of Australia has unanimously overturned a decision of the Queensland Court of Appeal in relation to a catastrophically injured plaintiff’s claim for damages for at-home care. The case […]
By: James Dymock and Victoria Waalkens Kenny v NZIV [2025] NZDC 17928 On 18 August 2025, the Valuers Board of Appeal (VBOA) allowed Mr Kenny’s appeal against the decision of the Valuers Registration Board (VRB), which found that he acted in a conflict of interest. A great result for Mr Kenny, who spent nearly six […]
